2023-10105. In the Matter of: Virgil Griffith, Inmate Number: 79038-112, FCI Allenwood Low, Federal Correctional Institution, P.O. Box 1000, White Deer, PA 17887; Order Denying Export Privileges

On April 12, 2022, in the U.S. District Court for the Southern District of New York, Virgil Griffith (“Griffith”), was convicted of two counts of violating the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.) (“IEEPA”). Specifically, Griffith was convicted of exporting services to North Korea without the required authorization from the Department of Treasury and evading and avoiding U.S. sanctions on North Korea. As a result of his conviction, the Court sentenced Griffith to 63 months of confinement, three years of supervised release, $100 assessment and $100,000 criminal fine.

Pursuant to section 1760(e) of the Export Control Reform Act (“ECRA”),^[1] the export privileges of any person who has been convicted of certain offenses, including, but not limited to, IEEPA, may be denied for a period of up to ten (10) years from the date of his/her conviction. 50 U.S.C. 4819(e) (Prior Convictions). In addition, any Bureau of Industry and Security (BIS) licenses or other authorizations issued under ECRA, in which the person had an interest at the time of the conviction, may be revoked. Id.

BIS received notice of Griffith's conviction for violating IEEPA, and has provided notice and opportunity for Griffith to make a written submission to BIS, as provided in section 766.25 of the Export Administration Regulations (“EAR” or the “Regulations”). 15 CFR 766.25.^[2] BIS has received and considered a written submission from Griffith.

Based upon my review of the record, including Griffith's submission, and consultations with BIS's Office of Exporter Services, including its Director, and the facts available to BIS, I have decided to deny Griffith's export privileges under the Regulations for a period of ten years from the date of Griffith's conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Griffith had an interest at the time of his conviction.^[3]

Accordingly, it is hereby ordered:

First, from the date of this Order until April 12, 2032, Virgil Griffith, with a last known address of Inmate Number: 79038–112, FCI Allenwood Low, Federal Correctional Institution, P.O. Box 1000, White Deer, PA 17887, and when acting for or on his behalf, his successors, assigns, employees, agents or representatives (“the Denied Person”), may not directly or indirectly participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as “item”) exported or to be exported from the United States that is subject to the Regulations, including, but not limited to:

A. Applying for, obtaining, or using any license, license exception, or export control document;

B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or engaging in any other activity subject to the Regulations; or

C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or from any other activity subject to the Regulations.

Second, no person may, directly or indirectly, do any of the following:

A. Export, reexport, or transfer (in-country) to or on behalf of the Denied Person any item subject to the Regulations;

B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person acquires or attempts to acquire such ownership, possession or control;

C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Person of any item subject to the Regulations that has been exported from the United States;

D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or

E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing.

Third, pursuant to section 1760(e) of the Export Control Reform Act (50 U.S.C. 4819(e)) and sections 766.23 and 766.25 of the Regulations, any other person, firm, corporation, or business organization related to Griffith by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order in order to prevent evasion of this Order.

Fourth, in accordance with part 756 of the Regulations, Griffith may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of part 756 of the Regulations.

Fifth, a copy of this Order shall be delivered to Griffith and shall be published in the Federal Register .

Sixth, this Order is effective immediately and shall remain in effect until April 12, 2032.

John Sonderman,

Director, Office of Export Enforcement.

Footnotes

1.  ECRA was enacted on August 13, 2018, as part of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 and, as amended, is codified at 50 U.S.C. 4801–4852.

2.  The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730–774 (2022).

3.  The Director, Office of Export Enforcement, is the authorizing official for issuance of denial orders, pursuant to amendments to the Regulations (85 FR 73411, November 18, 2020).